CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING                      MONDAY                       NOVEMBER 24, 2003

 

            Mayor Kathy Harrison called the regular City Council meeting to order at 6:05 p.m. Monday, Nov. 24, in the jury room of the Western District Carroll County courthouse.

 

PRESENT: Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Karen Lindblad, Gayle Money and Earl “Bud” Umland, City Attorney Tim Weaver, Chief of Police Earl Hyatt, Transit Director Lamont Richie, Parks and Recreation Commission Chairman Bill Featherstone, Arkansas Community of Excellence (ACE) Coordinator Glenna Booth and City Clerk Mary Jean Sell. Aldermen Penny Carroll and Bill Ott were absent.

 

PLEDGE OF ALLEGIANCE:

            Mayor Harrison led the Pledge of Allegiance to the Flag.

 

APPROVAL OF THE AGENDA:

            Ms. Money moved to approve the agenda. Ms. Lindblad seconded.

            Mayor Harrison asked to add an executive session under New Business.

            Ms. Money asked to postpone the discussion of speed humps until the first agenda of the New Year.

            Ms. Money moved to approve the agenda as amended. Ms. Lindblad seconded. All voted aye. Motion passed 4/0/0

 

APPROVAL OF THE MINUTES: November 10, 2003

            Ms. Money moved to postpone the reading of the Nov. 10 minutes. Mr. Berry seconded. All voted aye. Motion passed 4/0/0

 

COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES:

            Parks & Recreation – Position 4 – Expires 5/31/05 – Nominee David Renko

            Mr. Berry moved to approve the nomination of Mr. Renko. Ms Lindblad seconded. All voted aye. Motion passed 4/0/0

            Hospital Commission – Position 1 – Expires 9/7/05

            Mayor Harrison announced there would be a position open on the Historic District Commission (HDC) as of the end of November. She said she hoped volunteers would come forward for the Hospital Commission and the HDC.

 

DEPARTMENT HEAD COMMENTS: Police, Transit, Public Works, Parks, ACE

            Police Chief Earl Hyatt reported “not a lot going on.” In the past 30 days, he reported 20 accidents investigated, 30 persons incarcerated, 207 calls for assistance, 77 traffic tickets issued, 74 incident reports filed, 49 written warnings given, 42 warrants served. He said there is an amnesty period in effect for all persons with non-violent misdemeanor charges. They may turn themselves into the Police Department and get a

court date without incarceration.

                                                                                                City Council 11/24/03     1

            Transit Director Lamont Richie reported the trolleys will be running on the weekends through December. The tram tours will continue until mid-December and the nighttime tram tours are about to start. The grant for the expansion of the trolley barn behind the transit office at 162 W. Van Buren has been approved by the Arkansas Highway and Transportation Department (AHTD). He is submitting a grant request for up to 20 benches to be placed at the busiest trolley stops. The grant will be awarded by a lottery drawing.

            Public Works Director Kirby Murray was out of town.

            Parks and Recreation Commission Chairman Bill Featherstone reported the commission has voted to locate the Skate Park in Harmon Park. He is to appoint a seven-member ad hoc committee to determine location, design, hours of usage and guidelines for usage. The committee is to bring recommendations to the commission at its February meeting.

ACE Coordinator Glenna Booth gave a brief report on the recent activities of several of the ACE Action teams from a written report presented to council members.

Mayor Harrison added to the report, saying Ms. Booth is coordinating the work for the Save America’s Treasures (SAT) grant for the renovation of the City Auditorium. The Mayor has hired Backstage Connection of Branson, MO, for the restoration of the theater work, on the recommendation of Missy McSwain, federal grants coordinator for the Arkansas Historic Preservation Program (AHPP) in Little Rock.  Mayor Harrison said requests for qualifications were advertised and approximately five had been received. Bid specifications for lighting, sound and other construction work are being prepared. She said the renovation work is scheduled to start Dec. 21 and run through March 21, 2004.

 

UNFINISHED BUSINESS:

            1. Discussion of Ordinance 1936, amending Chapter 18 of Eureka Springs Municipal Code regarding animal-drawn vehicles. (Money, Carroll)

            Ms. Money moved to suspend the rules and place Ordinance 1936 on its second reading by title only. Ms. Lindblad seconded. By roll call, all voted aye. Motion passed 4/0/0

            Ms. Sell read the ordinance aloud.

            Ms. Money moved to approve Ordinance 1936 on its second reading by title only. Ms. Lindblad seconded.

            Ms. Lindblad asked City Attorney Tim Weaver to clarify Section 7 of the ordinance more clearly defining “solicitation.

            Ms. Money wanted a clarification of guidelines for where the routes could overlap, with permission of the chief of police and city council.

            On the motion to approve, all voted aye. Motion passed 4/0/0

 

            2. Discussion of Ordinance 1830, to regulate landscaping and screening in the City of Eureka Springs. Set workshop or 1st reading. (Mayor)

            Mr. Umland moved to set a workshop on the ordinance. Ms. Money seconded. All voted aye. Motion passed 4/0/0 Workshop was set for 5:30 p.m. Tuesday, Dec. 9. City Planner Richard Harper will be invited.

 

                                                                                                City Council 11/24/03    2

3. Discussion of creating new city department regarding Building Official office.

            Ms. Money said the council has begun work creating a budget for the building official’s office and has received a proposal for revising permit fee schedules.

            Temporary Building Official Randy Mills explained the new fees are based on information he has gathered from talking with building officials in other cities and states. He has also talked with area contractors. He feels the proposed fee schedule revisions are fair and equitable.

            Ms. Money moved to have an ordinance prepared amending Section 14-2 of the Eureka Springs Municipal Code, including definitions and new fee schedule, and to have it ready for all three readings with an emergency clause for the Dec. 8 meeting so the ordinance could go into effect Jan. 1, 2004, or as soon as possible thereafter. Mr. Berry seconded. All voted aye. Motion passed 4/0/0

 

            4. Mayor Harrison asked for a motion to establish the Building Official’s office.

            Mr. Berry moved to establish the Building Official’s office. Mr. Umland, Ms. Money and Ms. Lindblad seconded. All voted aye. Motion passed 4/0/0

 

NEW BUSINESS:

1.      Discussion of policy keeping water payment drop box at City Hall.

Mayor Harrison said the drop box at City Hall would remain open. She said she has gotten complaints about moving the only payment location to the Public Works Department on Highway 62 east. Mr. Umland said he had also received a lot of complaints.

 

2. Discussion of legal publications in local newspapers. (Berry, Money)

Mr. Berry moved to open the discussion. Ms. Money seconded.

City Attorney Weaver said he had looked at the state statutes regarding the publication of ordinances and legal notices by the city. He said it is not improper for the Lovely County Citizen to publish some items for legal purposes, but the city could be better served by publishing all items for legal publications with the Eureka Springs Times-Echo. He said there is a loophole which might allow publication in the Citizen, but he felt it “might cause problems later on.”

Ms. Money moved to reprint Ordinances 1929, 1932, 1934 and 1935 in the Times-Echo to avoid legal recourse. Ms. Lindblad seconded.

Bill King, publisher of the Citizen, asked the council to consider supporting a resolution recognizing the Citizen as a newspaper published within the community and to consider running legal notices in the Citizen if the statutes are changed by the State of Arkansas. Ms. Money responded that if the state should change the statutes, the citizen should contact the city council and the council would act appropriately at that time.

Bob Moore, publisher for the Carroll County Newspapers, said the publications known as the Ozark Mountain Trader and the Carroll County Weekend News also meet the requirements of the state statutes as well as the Times-Echo.

On the motion for republication of the ordinances, all voted aye. Motion passed 4/0/0                                                                                        City Council 11/24/03      3

            The council took a break at 7:10 p.m. The meeting resumed at 7:27 p.m.

 

            4. Executive Session

            Mayor Harrison announced the council would go into executive session to discuss the building official’s position at 7:28 p.m.

            The council returned into open session at 8:02 p.m. Mayor Harrison said the council had agreed to postpone action on the hiring of a building official until all council members could be present to vote.

 

CITY COUNCIL COMMENTS:

            Ms. Lindblad stood in for Mr. Ott in announcing the production of “The gifts of the Magi” Dec. 4-7 in the City Auditorium, the Holiday Concert Dec. 12, the Ozarks Chorale concert Dec. 13 and Kathy Mattea in concert Dec. 17.

            Mr. Berry said several persons have asked about the status of getting Eureka Springs on the upgraded as having national significance on the National Register of Historic Places. Mayor Harrison said the third phase of photographs has been sent to AHPP in Little Rock for review. An application for the new certification still has to be made.

 

MAYOR’S COMMENTS:

            Mayor Harrison reminded the council that “open mic” night will be held during the regular Dec. 8 council meeting to take comments from the public. She wished everyone a happy and safe Thanksgiving.

 

ADJOURNMENT:

            Ms. Money moved to adjourn at 8:10 p.m. Mr. Berry, Mr. Umland and Ms. Lindblad seconded. All voted aye. Motion passed 4/0/0

 

 

            This is the signature page for the City Council minutes of Nov. 24, 2003.

 

 

 

 

                                                                        ______________________________

                                                                                    Mayor Kathy Harrison

 

 

 

__________________________________

            City Clerk Mary Jean Sell

 

 

 

 

                                                                                                City Council 11/24/03   4